IN THE CASE OF:	  

		BOARD DATE:	  2 October 2008

		DOCKET NUMBER:  AR20080000878 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Explosive Ordnance Disposal (EOD) Badge and Glider Badge.

2.  The applicant states, in effect, that he completed the EOD course and that during Airborne School, he was awarded the Glider Patch after being the copilot in a Glider.

3.  The applicant provides the following documents in support of his application:  Self Authored Statement; Soldier's Qualification Record (DA Form 20); Army Board for Correction of Military Records (ABCMR) Letter, dated 14 November 2007; and Record of Proceedings, dated 6 November 2007.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant's records shows he was inducted into the Army of the United States and entered active duty on 15 January 1946, and that he completed the following military education courses during period and in the years indicated:  General Carpentry, 6 weeks 1946; Crane Shovel Operator, 8 weeks, 1950;
 EOD Specialist, 3 weeks, 1953.  

3.  The applicant's record shows that during his tenure on active duty, he was awarded and served in military occupational specialty (MOS) 050 (General Carpenter), MOS 642.10 (Heavy Vehicle Driver); MOS 12B/121.60 (Combat Engineer), and MOS 64C (Truck Master).

4.  The applicant's record shows he was assigned to the 547th EOD, 
Fort McPherson, Georgia, for approximately 14 months during the period 
1 August 1952 through 14 October 1953.

5.  The applicant's record shows that he earned the following awards during his active duty tenure:  Army Occupational Medal (AOM) with Germany Clasp; Army Good Conduct Medal (AGCM), 3rd Award; National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Vietnam Campaign Medal (VCM) with 1960 Device; Army Commendation Medal (ARCOM); Meritorious Unit Commendation (MUC); Driver Badge; 2 Overseas Bars; and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's record is void of any orders or other documents showing he was ever recommended for or awarded the EOD or Glider Badge by proper authority.

7.  On 31 July 1968, the applicant was honorably released from active duty (REFRAD) for the purpose of retirement.  The DD Form 214 he was issued at the time confirms he completed a total of 20 years, 9 months, and 15 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  AGCM (3rd Award); NDSM 1st Oak Leaf Cluster (2nd Award); ARCOM; VSM; VCM with 1960 Device; MUC; AOM with Germany Clasp; Drivers Badge; 2 Overseas Bars; and Expert Marksmanship Qualification Badge with Carbine Badge. 

8.  A DD Form 215 (Correction to the DD Form 214) show the applicant’s DD Form 214, dated 11 July 1968 was corrected to show award of the Parachutist Badge, Korean Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the VSM with two bronze service stars.


9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 8-22, provides guidance on award of the basic Explosive Ordnance Disposal (EOD) Badge.  It states in pertinent part that the EOD is awarded to any commissioned officer, or enlisted Soldier who has met all of the following requirements:  successful completion of conventional render safe qualification as prescribed for the EOD course of instruction (minimum requirement); assigned in a TOE or TDA EOD position for which basic EOD course is a prerequisite; service in the position must be satisfactory for a period of 18 months for the award to be permanent; and the enlisted Soldier must hold MOS 55D.

10.  Paragraph 8-32, of the Military Awards Regulation provides guidance on the Glider Badge.  It states in pertinent part that effective 3 May 1961, the Glider Badge is no longer awarded.  However, an individual who was awarded the badge upon satisfying the eligibility requirements may continue to wear the badge.  Further, it may be awarded retroactively upon application to USA HRC, ATTN: AHRC-PDO-PA, 200 Stovall Street, Alexandria, VA 22332-0471, when it can be established by means of sufficient documentation that the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or to the Airborne Department of the Infantry School, or by participation in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to the EOD and the Glider Badge were carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, in order to qualify for the EOD Badge, a Soldier must have successfully completed the conventional render safe qualification as prescribed for the EOD course of instruction:  must have been assigned to a TOE or TDA EOD position for which the EOD course was a prerequisite and must have satisfactorily served in that position for 18 months, and must have held and served in MOS 55D.  The evidence of record confirms the applicant completed a 3 week EOD Specialist course in 1953; however, the record fails to show he held or served in MOS 55D, or that he satisfactorily served in an EOD position for a period of 18 months.  As a result, the regulatory requirements necessary to support award of the EOD Badge has not been met in this case.  

3.  By regulation, in order to support award of the Glider Badge, there must be evidence that the member satisfactorily completed proficiency tests while assigned or attached to an airborne unit, or participated in at least one combat glider landing into enemy-held territory and was credited with an airborne assault landing.  In this case, the applicant's record is void of any documents, and he has failed to provide independent evidence, showing he completed the required Glider Badge prerequisites, or that he was ever awarded the Glider Badge by proper authority while serving on active duty.  As a result, the regulatory criteria necessary to support award of the Glider Badge has not been met in this case.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _ x  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080000878



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ABCMR Record of Proceedings (cont)                                         AR20080000878


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